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04-23-1991 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 23, 1991 1. The meeting was called to order at 7:30 P.M. by Vice -President John Mlinar. The following were present: Mayor Paul L. Ackland (arrived 7:35 P.M.), Aldermen Craig Lenz, John Mlinar, Marlin Torgerson and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Robert Brauer. 3. MINUTES The minutes of the regular meeting of April 9, 1991 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - MARCH 1991 2. PLANNING COMMISSION MINUTES OF MARCH 19, 1991 (b) NON -INTOXICATING ON -SALE LIQUOR LICENSES 1. CROW RIVER COUNTRY CLUB 2. GODFATHER'S PIZZA 3. GOLD COIN 4. PIZZA HUT 5. LITTLE CROW BOWLING LANES 6. J'S PIZZA GARTEN 7. THE UNDERGROUND BAR & GRILL (c) NON -INTOXICATING OFF -SALE LIQUOR LICENSES 1. CASH WISE FOODS 2. ERICKSON'S FREEDOM STATION 3. GEORGE'S FOOD & FUEL 4. CITGO-QUIKMART 5. SOUTHTOWN MOBIL 6. TOM THUMB FOOD MARKET 7. SUPER AMERICA (WHY. 7 & HWY. 15) (d) SET-UP LICENSE FOR LITTLE CROW BOWLING LANES 1 CITY COUNCIL MINUTES - APRIL 23, 1991 (e) NON -INTOXICATING ON -SALE MALT LIQUOR LICENSE (SHORT TERM) FOR HUTCH HUSKIES AMATEUR BASEBALL ASSOCIATION (f) REQUEST FOR REDUCED REFUSE RATE The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to order report and minutes filed, issue licenses and approve reduced rate. 5. PUBLIC HEARING None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR PARADE PERMIT FOR HUTCHINSON CROP WALK FOR THE HUNGRY The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve the request. (b) CONSIDERATION OF REQUEST FOR TEMPORARY SIGN PERMIT FOR BROWN'S GREENHOUSE The motion was made by Alderman Lenz, seconded by Alder- man Erickson and unanimously carried, to approve the tem- porary sign permit. (c) CONSIDERATION OF REQUEST FOR JAYCEE WATER CARNIVAL PERMITS: 1. PARADE PERMIT 2. DANCE PERMIT 3. FIREWORKS PERMIT 4. PERMISSION TO CLOSE STREETS AND USE LIBRARY SQUARE Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to approve and issue permits, to waive license and rental fees. (d) CONSIDERATION OF REQUEST FOR NON -INTOXICATING LIQUOR LICENSE AND SET-UP LICENSE FOR JAYCEE WATER CARNIVAL, JUNE 13-16, 1991 Oq CITY COUNCIL MINUTES - APRIL 23, 1991 The motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to approve and issue license and waive fees. (e) CONSIDERATION OF REQUEST FOR CITY DONATION TO JAYCEE WATER CARNIVAL Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to approve a $1,700.00 City donation. (f) CONSIDERATION OF REQUEST FOR NON -INTOXICATING MALT LIQUOR LICENSE AND SET-UP LICENSE FOR JAYCEES AT CLASS REUNION OF 1971 The motion was made by Alderman Mlinar, seconded by Ald- erman Lenz and unanimously carried, to approve and issue license. (g) CONSIDERATION OF REQUEST FOR FINANCIAL SUPPORT TO ATTEND NATIONAL POLICE SURVIVORS SEMINAR Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to approve. Alderman Torgerson amended the motion to set the amount at $800.00 out of the contin- gency fund. Amended motion seconded by Alderman Lenz and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9466 - RESOLUTION FOR PURCHASE The motion was made by Alderman Mlinar, seconded by Ald- erman Lenz and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF EVACUATION PLAN FOR COUNTRY CLUB TERRACE MOBILE HOME PARK (TABLED APRIL 9, 1991) Mr. Bill Block of Hutch, Inc. addressed the issue of an evacuation plan for the Country Club Terrace Mobile Home Park. He reported the State required a plan be in place. His recommendation was to use the following three facili- 3 CITY COUNCIL MINUTES - APRIL 23, 1991 ties as a shelter during a weather related emergency: Faith Lutheran Church, Christ the King Lutheran Church and Hutchinson Senior High School. This would be a tem- porary solution until the park reached 95% occupancy, and an on-site shelter would be built at that time. Following discussion, Alderman Erickson moved to approve the evacuation plan for six -months, with a review at the end of that time limit. Motion seconded by Alderman Tor- gerson and unanimously carried. Atty. Anderson suggested the City survey other cities and review the State Statute requirements. The City Admin- istrator was directed to conduct a survey of other cities. (b) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF SCHOOL DISTRICT PLAT SUBMITTED BY HUTCHINSON SCHOOL DISTRICT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (TABLED MARCH 26, 1991) Item withdrawn. (c) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY HUTCHINSON SCHOOL DISTRICT FOR SITE NORTH OF WEST ELEMENTARY SCHOOL (TABLED MARCH 26, 1991) It was pointed out the site location was changed from Wagner Development Corp. Plat to north of the West Ele- mentary School. The Planning Commission had approved the new location. Following discussion, the motion was made by Alderman Lenz, seconded by Alderman Mlinar and unanimously car- ried, to approve and waive reading and adopt Resolution No. 9451. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to author- ize discontinuation of service at noon on April 29, unless other arrangements were made, and to check on the billing for 344 Dale Street. 4 CITY COUNCIL MINUTES - APRIL 23, 1991 (b) CONSIDERATION OF JOINT MEETING OF CITY COUNCIL AND PLANNING COMMISSION TO REVIEW ZONING ORDINANCE Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to hold a joint meeting on April 30, 1991 at 5:30; P.M. in City Hall. (c) CONSIDERATION OF AWARDING FUEL CONTRACT Following discussion, the motion was made by Alderman Lenz, seconded by Alderman Erickson and unanimously car- ried, to approve and award contract to Cenex. (d) CONSIDERATION OF REQUEST TO PURCHASE X-RAY EQUIPMENT FOR HUTCHINSON COMMUNITY HOSPITAL Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously car- ried, to approve purchase. (e) CONSIDERATION OF PROJECT RELATED EQUIPMENT AND FURNISHING BUDGET FOR HUTCHINSON COMMUNITY HOSPITAL Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to approve. (f) DISCUSSION OF MERGER BETWEEN BURNS MANOR NURSING HOME AND HUTCHINSON COMMUNITY HOSPITAL Mayor Ackland stated that the Nursing Home Board and Hos- pital Board approved the merger process. The merger will require combining the boards into one board of directors with one chief officer. An effective merger date of July 1, 1991 is proposed for financial reasons. City Attorney Anderson recommended adopting a Resolution approving the merger concept in principle. He will review a City Charter amendment, the hospital foundation money and nursing home trust account. Guidelines will be drafted for Council consideration. Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously car- ried, to approve the City Attorney ' s recommendations and A CITY COUNCIL MINUTES - APRIL 23, 1991 adopt Resolution No. 9480. (g) CONSIDERATION OF APPROVING MN/DOT TRAFFIC COUNT COMPILATION Engineer Rodeberg reported MN/DOT updates traffic counts on state aid routes and trunk highways in town every four years. He requested authorization for 55 MN/DOT counts at a cost not to exceed $880. Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to approve the traffic counts. (h) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS FOR LETTINGS NO. 4, 7 & 10 AND FOR DEMOLITION OF COLD STORAGE/LIQUOR STORE BUILDING (LETTING NO. 14, PROJECT NO. 91-21) Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to approve plans and specifications and adver- tise for bids on May 20, 1991 at 2:00 P.M. for Lettings No. 4, 7, 10 and 14 and to waive readings and adopt Reso- lutions No. 9467 - No. 9471 and No. 9478. (i) CONSIDERATION OF COMPUTER SYSTEM FOR ENGINEERING DEPARTMENT Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously car- ried, to approve computer purchase from PC Express for $2,775.00. (j) CONSIDERATION OF REZONING R-3 TO R-2 IN HELLAND'S SIXTH ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously car- ried, to approve and waive first reading of Ordinance No. 91-33 and set second reading for May 14, 1991. (k) CONSIDERATION OF ANNEXATION PROCEEDINGS REQUESTED BY DOUG DOBRATZ, MARYVIEW ADDITION, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION 2 CITY COUNCIL MINUTES - APRIL 23, 1991 Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve and refer to the Minnesota Municipal Board. (1) CONSIDERATION OF FINAL PLAT OF NORTH OAK RIDGE SUBMITTED BY KEVIN COMPTON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Lenz, seconded by Alderman Mlinar and unanimously car- ried, to approve and to waive reading and adopt Resolu- tion No. 9465. (m) CONSIDERATION OF SKETCH PLAN IN ACOMA TOWNSHIP SUBMITTED BY DAN HUEBERT (TWO MILE RADIUS) Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously car- ried, to refer to County with no objection. (n) CONSIDERATION OF AUTHORIZATION TO ENFORCE ORDINANCE REGARDING GREASE TRAPS AT RESTAURANTS Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously car- ried. to anbrove ordinance enforcement. (o) CONSIDERATION OF LUTZ TRUST/HOWARD PROPERTIES DEVELOPMENT AGREEMENT Following discussion of the easement area, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve the agreement and send out an amendment to affected parties. (p) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING ASSESSMENT HEARING FOR LETTING NO. 1, PROJECT NO. 91-01; LETTING NO. 2, PROJECT NO. 91-02; AND LETTING NO. 6, PROJECTS NO. 91-10, 91-12 Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to approve roll preparation and hold hearing on May 14, 1991 at 2:00 P.M., and to waive readings and adopt Resolutions No. 9472 - No. 9477. 7 CITY COUNCIL MINUTES - APRIL 23, 1991 (q) CONSIDERATION OF PURCHASING CITY TREES Forester Mark Schnobrich requested permission to purchase trees from Tom Lenneman in the amount of $3,260. He reported $1,700 was donated for trees and $1,560 would come from the Bluff Street improvement project bond fund. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve purchase of trees. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz commented on a meeting with Economic Research Corporation representatives regarding the liquor store relocation. The company will submit a proposal for the City Council. It was reported that asbestos removal was being done in the cold storage building. The property will be turned over to the City on August 15. Mr. Plotz stated that PACE reviewed the removal regula- tions and determined cork did not have to be removed. EnviroNet approved a $31,000 contract deduct. Administrator Plotz commented on correspondence from Rob- ert Hornick. He stated the property down zoning would be determined by the Council and Planning Commission. The City Attorney requested the Council to adopt a Reso- lution authorizing a notice of order for Hornick to fill dangerous excavation on his property. The motion was made by Alderman Lenz, seconded by Ald- erman Torgerson and unanimously carried, to waive read- ing and adopt Resolution No. 9479. (b) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson commented on the Dr. Rannow relocation situation. Dr. Rannow was offered $23,000, but the City Attorney thought it was rejected. It was his recommenda- tion to adopt a Resolution authorizing condemnation of 8 CITY COUNCIL MINUTES - APRIL 23, 1991 lease if the Council was not willing to offer $25,000 or let the lease expire on July 31, 1991 and demolish build- ing at that time. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Erickson and unanimously carried, to waive reading and adopt Resolution No. 9481 formally authorizing condemnation of lease. (c) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg requested approval of Supplemental Agreement No. 2, Letting No. 15 (Shopko, Phase I), with Diamond 5 Wrecking for $5,013.00. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve change order. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:30 P.M. 0